Session outline nine: Civil disorder, states of emergency and armed conflict Objectives Participants will have an overall understanding of human rights and humanitarian law standards applicable to policing during exceptional circumstances and to limitations on rights or exceptional measures adopted during periods characterized by such circumstances. Civil disorder Sources UDHR (arts. 13, 18, 19, 20 and 29(2)) ICCPR (arts. 4, 9, 12, 18, 19, 21 and 22) Principles on Force and Firearms (principles 2, 4, 5, 7, 12, 13 and 14) Basic Principles on the Independence of the Judiciary (principles 1, 2, 3, 4, 5, 6 and 7) “Guidelines for the development of legislation on states of emergency” in The Administration of Justice and the Human Rights of Detainees: Question of Human Rights and States of Emergency, Sub-Commission on Prevention of Discrimination and Protection of Minorities, United Nations document E/CN.4/Sub.2/1991/28. Standards All measures for the restoration of order shall respect human rights.102 Restoration of order shall be achieved without discrimination.103 Any limitations on rights shall be only those determined by law.104 Any action taken and any limitations on rights shall be solely for the purpose of securing respect for the rights and freedoms of others, and for meeting the just requirements of morality, public order and general welfare.105 Any action taken and any limitations on rights shall be only those consistent with the requirements of a democratic society. 106 No exceptions shall be allowed with regard to the right to life; the right to freedom from torture; the prohibition of slavery; the prohibition of imprisonment for failure to fulfil a contractual obligation; the prohibition of ex post facto laws; the recognition of everyone as a person before the law; or freedom of thought, conscience and religion.107 Non-violent means shall be attempted before the use of force.108 Force shall be used only when strictly necessary. 109 Force shall be used only for lawful law enforcement purposes.110 102 UDHR, article 29(2); ICCPR, article 4. UDHR, article 29(2); ICCPR, article 4. 104 UDHR, article 29(2); ICCPR, articles 4 and 9. 105 UDHR, article 29(2); ICCPR, article 4. 106 UDHR, article 29(2); ICCPR, article 4. 107 UDHR, article 29(2); ICCPR, article 4(2). 108 Principles on Force and Firearms, principle 4. 109 Principles on Force and Firearms, principle 4. 110 Principles on Force and Firearms, principles 5 and 7. 103 113